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People v. Ingram8/18/2004
Appellant, Michael Maurice Ingram, was convicted by a jury of second degree murder (Pen.Code, [FN1] § 187), gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), driving while under the influence (Veh.Code, § 23152, subd. (a)), driving with a blood alcohol level of .08 percent or more (Veh.Code, § 23152, subd. (b)), and driving with a suspended license (Veh.Code, § 14601.2, subd. (a)). In a bifurcated proceeding, appellant admitted he had suffered three prior driving while intoxicated convictions and a prior driving with a suspended license conviction. The trial court sentenced appellant to a total term of 15 years to life.
FN1. All further references are to the Penal Code unless otherwise
indicated.
On appeal, appellant contends the trial court erred in failing to give accomplice instructions and a Dewberry [FN2] instruction, and the evidence was insufficient to support his murder and gross vehicular manslaughter while intoxicated convictions. We find appellant's claims without merit and affirm the judgment.
FN2. People v. Dewberry (1959) 51 Cal.2d 548.
FACTS
On June 21, 2002, Adam Pierce, Alex Lopez and Wayne Yoakum were drinking at a bar in Taft. Appellant joined the trio but at some point the men were asked to leave. The men left in appellant's truck with appellant driving. As they were leaving the bar, appellant hit a large trashcan in the alley. Appellant dropped Lopez off at his residence, and then drove to his own apartment. Appellant's cousin, Cory Shugart, lived next door and joined the men at appellant's apartment. Shortly thereafter, other people, including Lopez, arrived and the group continued drinking and partying.
Yoakum saw appellant drink two beers at the apartment. During the course of the evening Yoakum went out twice to buy more alcohol. On one of his trips to retrieve more alcohol, Yoakum bought whiskey. According to Yoakum, appellant poured whiskey into a 32-ounce cup and added a little ice and soda, and said that would "top him off for the night." According to Yoakum's fiancée, Kasey Mitchell, she saw appellant earlier that night with a "$5 Special"--a 32-ounce cup, a liter of Pepsi, and a 1/2 pint of whiskey.
At approximately 9 or 9:30 that night, the group decided to drive out to an open field known as the Bone Yard. Yoakum left with Shugart and appellant drove Lopez and Pierce to the field in his truck. A number of other people, including Robert Bethel and Richard Taylor, had congregated at the Bone Yard to "party." Sometime after arriving, an argument broke out and the group decided to leave and head back into town. Pierce and Lopez left with appellant in appellant's truck. Appellant was driving, Pierce sat in the middle and Lopez sat on the passenger side.
Bethel was driving back in his Jeep with Taylor as his passenger when he noticed appellant behind him. Bethel was on a fairly steep downhill portion of the road when appellant crossed the double yellow lines and passed him in the left lane. Bethel stated he was traveling approximately 30 to 40 miles per hour and appellant was driving 50 to 60 miles per hour. Appellant passed shortly before a curve in the road, and Bethel noticed appellant was traveling "way too fast" to make the turn. Bethel and Taylor stated the passengers in appellant's truck sounded like they were having a good time, and cheering appellant for making the pass. Appellant was unable to make the turn and drove off the road into a field. He was able to return the truck back to the road, but overcorrected and hit an embankment on the right side of the road, causing the pickup to flip over and come to rest on the driver's side.
*2 Bethel stopped, as did a number of other people. Lopez was able to crawl out of the truck through a window. Appell
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